Pedestrian Accident Lawyer

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Pedestrian Accidents

Most places in the United States are designed for automobiles, leaving pedestrians as an afterthought. Roads may not have sidewalks, marked pedestrian crosswalks, or adequate lighting or signals to allow pedestrians to be seen. Drivers who rarely see pedestrians may not look closely before making a turn, and distractions like smartphones can cause a driver or pedestrian to make a dangerous mistake. The risk to pedestrians is also increasing as Americans buy increasing numbers of large trucks and SUVs, which are more likely to kill or seriously injure a pedestrian than smaller cars.

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Crashes Where Pedestrians are Injured Happen All the Time

In 2022, there were 2,026 pedestrians involved in motor vehicle crashes in Michigan, and 173 of those people lost their lives. Crossing at an intersection causes the most crashes by far, but crossing the road not at an intersection causes the most fatalities. Kent County has the third highest number of crashes, but is a bit better – ninth – for fatalities when pedestrians are involved.

Michigan Pedestrian Right-of-Way Laws

Pedestrian safety depends on both drivers and people on foot or in wheelchairs knowing and following the rules of the road. Michigan law clearly defines who has the right-of-way in different situations. Here’s what every driver and pedestrian should know before stepping into or driving through a crosswalk.

For Motorists

  • Yield the right-of-way to pedestrians in all crosswalks and intersections.
  • Take special care to avoid collisions by yielding in all cases where safety demands it.
  • Stop before driving through any crosswalk or intersection where pedestrians are present.
  • Follow posted speed limits and adjust speed for road, weather, and visibility conditions.
  • Slow down whenever pedestrians are nearby.
  • Obey all traffic signs, signals, and lane markings.
  • Take extra precautions to protect pedestrians using wheelchairs or other mobility devices.

For Pedestrians

  • Never walk or ride a bicycle on a freeway. Pedestrians are not allowed on limited-access highways.
  • Use sidewalks whenever they are available.
  • If no sidewalk exists, walk or ride on the left side of the road, facing traffic, and stay as far to the side as possible.
  • When pedestrian signals are present, cross only when the “Walk” signal is illuminated.
  • If the signal changes to “Don’t Walk” while crossing, proceed to safety without delay.
  • Keep traffic moving normally. Do not block, obstruct, or barricade any public street.
  • Always cross with care. Stay visible to and aware of approaching vehicles.

How Michigan’s No-Fault Insurance Rules Apply to Pedestrian Accident Injury Claims

Michigan’s no-fault insurance system provides specific protections for pedestrians who get hurt in motor vehicle crashes. If a vehicle strikes you while you’re walking, you can usually file a claim for benefits under your own no-fault auto policy or that of a family member. If you don’t have an auto policy, you could still qualify for coverage through the vehicle owner’s insurer or the Michigan Assigned Claims Plan.

Michigan’s no-fault system focuses on getting injured people the help they need quickly, without waiting for a dispute over who caused the crash. These benefits can help you pay for medical treatment, income losses, and other expenses related to the accident.

However, no-fault benefits do not cover pain and suffering or other non-economic losses. To recover compensation for those losses, you must meet Michigan’s legal threshold for a serious injury, such as permanent disfigurement or long-term impairment, and file a separate third-party claim against the at-fault driver. An experienced attorney can help you understand which benefits apply and whether you have grounds to file a claim for additional compensation.

What to Do Immediately After a Pedestrian Accident

In the first moments following a pedestrian accident, it’s difficult to think clearly or know what to do next. However, the steps you take right after the crash can make a major difference in your safety and recovery, so it helps to understand how you can protect yourself. Here’s what you can do to take control of the situation and start moving forward:

  • Move to a safe place away from moving traffic if you are able to do so safely. Call 911 right away to report the crash and request emergency medical help for any serious injuries.
  • If you can, take photos and videos of the scene, your injuries, the vehicle involved, and any nearby traffic signals or crosswalks. Exchange contact and insurance information with the driver and collect names and numbers from any witnesses.
  • Ask the police to file a report and make sure to get the report number for your records.
  • Get medical care as soon as possible, even if you think your injuries are minor. A doctor can provide the treatment you need and document your condition in your medical records.
  • Notify your own insurance provider about the crash as soon as possible. However, avoid discussing fault or making statements to them before speaking with a personal injury lawyer.
  • Contact a qualified pedestrian accident attorney to explore your legal options and discuss what compensation you might be able to recover.

If you or a loved one has suffered an injury as a pedestrian, contact the skilled attorneys at Gruel Mills today. We have experience pursuing pedestrian and motor vehicle claims, and we will guide you through the process and ensure that you get the best possible recovery that will aid you in recovering and rebuilding your life.

To schedule a free, no-obligation evaluation of your pedestrian accident claim with one of our experienced attorneys, please contact us online or call us. We handle these cases on a contingency basis, which means you do not have to pay for our services unless we recover money for you.